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HONDURAS

Since January 2008, entry into force in June 2010

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Honduras has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

HONDURAS

Since 2015

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Honduras has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

HONDURAS

Since 2013

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Honduras has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

HONDURAS

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Honduras's law and jurisprudence. Despite the country having committed under Art. 15.11.27 of the Central America-Dominican Republic-United States FTA to implement a safe harbour for intermediaries for copyright infringing content, no regulation has been put in place that implements this commitment.
Coverage Internet intermediaries

HONDURAS

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Honduras law and jurisprudence.
Coverage Internet intermediaries

HONDURAS

N/A

Pillar Intermediary liability  |  Sub-pillar User identity requirement
User identity requirement
According to the National Telecommunication Commission of Honduras (CONATEL), users should provide a document of identity for providers of Internet services or computer network access.
Coverage Telecommunications sector

HONDURAS

Since February 2012

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Normative Resolution No. 002/12 (Resolución No. NR002/12)
According to the Normative Resolution No. 001/12, operators of telephone service shall collect data, including the name of the SIM card buyer and ID number for the Hondurans and passport or residence card number for foreigners.
Coverage Telecommunications sector

HONDURAS

Since May 2011

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Normative Resolution No. 004/11 - Regulations on Internet Service or Access To Networks (Resolución Normativa No. NR004/11 - Reglamento de Servicio de Internet o Acceso a Redes Informáticas)
According to Art. 22 of Normative Resolution 004/11 (NR004/11), Internet Service Providers (ISPs) are required to implement a security system designed to prevent, monitor, and detect illegal activities that may be carried out by users. If such activities are detected, service operators must notify the competent authority in writing and offer full cooperation during the investigative process.
Coverage Internet intermediaries

HONDURAS

Since December 2002

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
General Regulation of the Framework Law for the Telecommunications Sector (Reglamento General de la Ley Marco del Sector de Telecomunicaciones)
Wireless products and equipment that connect to the public switched telephone network (PSTN), along with other Radio Frequency equipment, require type approval and certification in Honduras. There is no in-country testing required and existing international test reports are accepted for the homologation process to obtain the CONATEL approval. Technical documents are reviewed and validated in the approval process. Homologation can also be done through an international entity (Title V, arts. 213-220 B of the General Regulation to the Telecommunications Law). Products requiring CONATEL (Comisión Nacional de Telecomunicaciones) approval include PBX; routers, modems, and gateways; RFID and Bluetooth modules; and cell phones.
Coverage PBX; routers, modems, and gateways; RFID and Bluetooth modules; cell phones

HONDURAS

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive data protection regime
There is no comprehensive data protection law in Honduras. The Law for the Protection of Confidential Personal Data is currently being discussed in the Honduran Congress. Personal data is mainly regulated under the Law of Transparency and Access to Public Information (Decree No. 170 – 2006), which introduced some accountability for those public entities who mishandled confidential personal data. In addition, the General Regulations of the Framework Law for the Telecommunications Sector defines seizing, using or modifying the reserved data of a private nature as very serious offences that are subject to administrative sanctions by the National Telecommunication Commission of Honduras (CONATEL) and the Public Ministry. Moreover, the Criminal Code imposes criminal responsibility for infringing privacy.
Coverage Horizontal

HONDURAS

Since May 2011

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Regulation of Internet Service or Access to Computer Networks (Reglamento del Servicio de Internet o Acceso a Redes Informáticas)
According to Art. 20 of the Regulation of Internet Service or Access to Computer Networks, operators of Internet services or providing access to computer networks should conserve IP addresses for at least one year to serve as a source for judicial investigation.
Coverage Operators of Internet services

HONDURAS

Since June 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Honduras is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

HONDURAS

Since January 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright and Related Rights Law (Ley del Derecho de Autor y de los Derechos Conexos)
Honduras has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 46-57 of the Copyright and Related Rights Law lists the exceptions for the lawful use of the copyrighted work by others without obtaining permission.
Coverage Horizontal

HONDURAS

Reported in 2018, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of effective protection of copyright online
Copyright is not adequately enforced online in Honduras. It is reported that while the legislative framework for the protection of intellectual property rights, which includes the Honduran copyright law and its industrial property law, is generally adequate, the laws are often not effectively implemented. In particular, there are concerns with respect to online and software piracy, as well as cable signal piracy.
Coverage Horizontal

HONDURAS

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

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